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Decision Text

ARMY | BCMR | CY2002 | 2002081908C070215
Original file (2002081908C070215.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 15 April 2003
         DOCKET NUMBER: AR2002081908


         I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.

Mr. Carl W. S. Chun Director
Ms. Beverly A. Young Analyst


The following members, a quorum, were present:

Ms. Joann Langston Chairperson
Mr. Richard T. Dunbar Member
Ms. Yolanda Maldonado Member

         The applicant and counsel if any, did not appear before the Board.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military
records
         Exhibit B - Military Personnel Records (including
         advisory opinion, if any)

FINDINGS :

1. The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.


2. The applicant requests that award of the Combat Infantryman Badge be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty).

3. The applicant states that he served in the Persian Gulf in support of Operation Desert Storm from 19 January 1991 to 12 May 1991 with the 1st Infantry Division. He states that his unit received the Combat Infantryman Badge but it was not listed on his DD Form 214. He submitted a copy of his DD Form 214 in support of his application.

4. The applicant’s military records show that he enlisted in the Regular Army on 18 September 1990 for a period of four years. He successfully completed one station unit training at Fort Benning, Georgia and was awarded military occupational special 11M (infantryman). The applicant completed temporary duty in Southwest Asia from 19 January 1991 through 12 May 1991 and was discharged from active duty on 27 May 1993.

5. The applicant's DD Form 214 does not show the Combat Infantryman Badge as an authorized award.

6. There are no orders in the applicant’s personnel records which show he was awarded the Combat Infantryman Badge. His DA Form 2-1 (Personnel Qualification Record) shows he served as an infantryman in MOS 11M with the 2nd Battalion, 16th Infantry during his assignment in Southwest Asia. However, there is no evidence which shows he served with this unit during active ground combat.

7. Review of the applicant's service personnel records revealed that he is entitled to award of the Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia and the Kuwait Liberation Medal awarded by the Government of Kuwait which are not shown on his discharge document.

8. Army Regulation 600-8-22 (Military Awards) prescribes Army policy and procedures concerning awards. Paragraph 8-6 provides for award of the Combat Infantryman Badge (CIB), and paragraph 8-6k specifies that, for the Persian Gulf War (Operation Desert Storm), individuals must have met the criteria in paragraphs 8-6b and c to be awarded the CIB during the period 17 January 1991 to 11 April 1991. These paragraphs state that there are basically three requirements for award of the CIB. The soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat. Specific requirements state, in effect, that an Army enlisted soldier must have an infantry or special forces specialty, satisfactorily performed duty while assigned or attached as a member of an infantry, ranger or special forces unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat. A recipient must be personally present and under hostile fire while serving in an assigned infantry or special forces primary duty, in a unit actively engaged in ground combat with the enemy.

9. The Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia (KLM-SA) was approved on 3 January 1992 and is awarded to members of the Armed Forces of the United States who participated in the Persian Gulf War between 17 January 1991 and 28 February 1991.

10. The Kuwait Liberation Medal awarded by the Government of Kuwait (KLM-K) was approved on 9 November 1995 and is awarded to members of the Armed Forces of the United States who participated in the Persian Gulf War between 2 August 1990 and 31 August 1993.

CONCLUSIONS:

1. The Board considered the applicant's contention that he served in the Persian Gulf from 19 January 1991 through 12 May 1991 with the 1st Infantry Division and his unit received award of the Combat Infantryman Badge. However, there is no evidence, and the applicant has provided no evidence, which shows that he was awarded the Combat Infantryman Badge.

2. Although the applicant’s DA Form 2-1 (Personnel Qualification Record) shows he was awarded an infantry MOS and served as an infantryman in an infantry unit while assigned to Southwest Asia, there is no evidence the applicant served during active ground combat and was personally "present under hostile fire." Therefore, there is no basis for awarding him the Combat Infantryman Badge.

3. Records show the applicant served in Southwest Asia from 19 January 1991 through 12 May 1991.

4. Based on the applicant's service in Southwest Asia, he is entitled to the Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia and the Kuwait Liberation Medal awarded by the Government of Kuwait. Therefore, his DD Form 214 will be amended to show these awards.

5. In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below.

RECOMMENDATION:

1. That all of the Department of the Army records related to this case be corrected by showing the individual concerned was awarded the Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia and the Kuwait Liberation Medal awarded by the Government of Kuwait.

2. That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:

JL_____ RTD_____ YM______ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  Joann Langston________
                  CHAIRPERSON




INDEX

CASE ID AR2002081908
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20030415
TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE YYYYMMDD
DISCHARGE AUTHORITY AR . . . . .
DISCHARGE REASON
BOARD DECISION GRANT IN PART
REVIEW AUTHORITY Mr. Schneider
ISSUES 1. 107.0111
2.
3.
4.
5.
6.


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